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According to Article 99 of the Road Traffic Safety Law of the People's Republic of China, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, provided that the person escapes after causing a traffic accident and does not constitute a crime.
Article 99 of the Road Traffic Safety Law Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:
1. Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or having a motor vehicle driver's license suspended;
2. Handing over a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained;
3. Fleeing after causing a traffic accident, which does not constitute a crime;
4. The motor vehicle exceeds the speed limit by 50%;
5. Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, and requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6. Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7. Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8. Illegally intercepting or detaining motor vehicles, and not listening to dissuasion, causing serious traffic jams or large property losses.
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According to the relevant provisions of the Road Traffic Safety Law of the People's Republic of China, if a person escapes after a traffic accident has not yet constituted a crime, the traffic management department of the public security organ may impose an administrative penalty of a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days.
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How to punish traffic hit-and-run.
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Legal analysis: In violation of the provisions of road traffic safety laws and regulations, a major traffic accident occurs, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ. If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Legal basis: Road Traffic Safety Law of the People's Republic of China
Article 99 Any person who commits any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or during the period when the motor vehicle driver's license has been suspended;
2) Leaving a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained;
3) Fleeing after causing a traffic accident that does not constitute a crime;
4) The motor vehicle is driving more than 50% of the speed limit;
5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime;
6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion;
7) Intentionally destroying, moving, or altering transportation facilities, causing harmful consequences, but it does not constitute a crime;
8) Illegally stopping or detaining motor vehicles, and refusing to heed dissuasion, causing serious traffic jams or relatively large property losses.
Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.
Article 101 Where a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, and a crime is constituted, criminal responsibility shall be investigated in accordance with law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the driver's license of the motor vehicle for life.
According to the relevant laws and regulations, if the driver of a motor vehicle escapes after a traffic accident, and the motor vehicle participates in compulsory insurance, the insurer shall compensate within the liability limit of the compulsory insurance of the motor vehicle; If the motor vehicle is unknown, the motor vehicle has not participated in compulsory insurance, or the rescue expenses exceed the liability limit of the compulsory insurance of the motor vehicle, and it is necessary to pay for the rescue, funeral and other expenses of the infringed person, the road traffic accident social assistance ** shall pay in advance. After the social assistance for road traffic accidents has been paid in advance, its management agency has the right to recover from the person responsible for the traffic accident.
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Article 133 of the Criminal Law of the People's Republic of China stipulates that anyone who violates the rules of the Traffic and Transportation Management Law and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes the death of a person who is corrupted by escaping shall be sentenced to fixed-term imprisonment of not less than seven years.
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If a minor traffic accident hit-and-run does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan, and may be detained for up to 15 days, bear full responsibility, revoke the motor vehicle driver's license, and must not re-obtain a motor vehicle driver's license for life.
Legal basis] Article 61 of the Provisions on Procedures for Handling Road Traffic Accidents.
In any of the following circumstances, the parties shall bear full responsibility:
1) Fleeing after a road traffic accident;
2) Intentionally destroying or fabricating a scene or destroying evidence.
Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.
Article 99 of the Road Traffic Safety Law of the People's Republic of China.
Any of the following acts shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ:
1) Driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driving or distribution license revoked, or driving a motor vehicle driving license during the period when the motor vehicle driver's license has been suspended;
2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended;
3) Fleeing after causing a traffic accident that does not constitute a crime;
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According to the relevant provisions of the Road Traffic Safety Law of the People's Republic of China, the Criminal Law of the People's Republic of China, and the Provisions on Traffic Accident Handling Procedures, if a person escapes after a traffic accident, if it has not yet constituted a crime, the traffic management department of the public security organ may impose a fine of not less than 200 yuan but not more than 2,000 yuan. The starting point of the crime is that the traffic accident causes serious injury to more than one person, and the person bears all or the main responsibility for the accident, and if it reaches it, it will bear criminal responsibility, and on the contrary, it is a minor traffic accident and escape, as long as the corresponding civil and administrative liability is borne. At the same time, traffic hit-and-run behavior can be divided into the following 7 different types according to different criteria:
According to the size of the perpetrator's consequences of causing an accident, the escape behavior is divided into minor traffic accident and escape behavior and traffic accident and escape behavior. According to the criterion of whether the perpetrator only carried out a single escape act after the accident, the escape behavior is divided into simple escape behavior and transformation escape behavior. The criterion of whether the escape behavior has caused new harmful consequences is divided into escape behaviors that cause new harmful consequences and escape behaviors that do not lead to new harmful consequences.
Based on the perpetrator's motive for escaping, escape may be divided into evasive conduct that evades the obligation to rescue, escape behavior that evades accountability, and escape conduct that evades both the obligation to rescue and the pursuit of responsibility. According to the scope of the adjustment object, the escape behavior is divided into the narrow sense of traffic accident and the broad sense of traffic accident and escape behavior. According to the different values of escape acts in conviction and sentencing, escape acts can be divided into escape acts as conviction circumstances and escape acts as sentencing false shooting circumstances.
In accordance with the provisions of the adjustment norms of the current legislation and judicial interpretations, escape acts are divided into convicted traffic hit-and-run acts, aggravated traffic hit-and-run acts, run-and-run traffic hit-and-run acts that cause death, and instigated traffic hit-and-run acts.
The above is the lawyer's punishment for minor traffic accident hit-and-run, I hope it will help you.
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